Judge permits vaping ban to remain in spot for now, but guidelines governor might have overstepped legal bounds

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Governor Charlie Baker’s blanket ban on nicotine vaping items remains in impact but is on shaky legal ground, right after a judge ruled Monday that officials probably overstepped constitutional bounds by enacting the policy ahead of impacted organizations and members of the public could weigh in.

Ruling on a request from vape firms to lift the ban when legal battles more than the rule play out, Suffolk Superior Court Judge Douglas H. Wilkins ordered that nicotine vape sales in Massachusetts should be permitted to resume subsequent Monday — unless the Baker administration submits the ban for consideration as a formal emergency regulation.

Wilkins’s order also leaves in spot for now Baker’s ban on marijuana vaping items, saying proof collected by federal overall health officials suggests these items are much more probably the culprit behind thousands of lung illnesses and 33 deaths about the nation.

To implement the nicotine vaping ban as an emergency regulation, state overall health officials would have to hold a public hearing and draft a statement explaining how the ban would effect tiny organizations, amongst other needs. Also, emergency regulations might only be imposed for 3 months at a time, when Baker’s initial emergency ban announced in September was scheduled to final 4 months.  [Read More @ The Boston Globe]

 

 



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